2023 (6) TMI 804 - AT - Income Tax

Tribunal: Tax Dept Can't Issue Notices After Resolution Plan Approval

M/s. Murali Industries Ltd. Versus The ACIT – 1 (2), Central Circle Nagpur. And (vice-versa), The DCIT, Circle-1, Nagpur.

The Tribunal held that the Income Tax Department cannot issue Section 148 notices post-approval of the Resolution Plan under the Insolvency and Bankruptcy ... Income tax proceedings against company in liquidation - reopening of assessment when NCLT has approved assessee’s resolution plan submitted under the Insolvency and Bankruptcy Code - HELD THAT:- As resolution plan under the “IBC” as concluded in light of hon’ble jurisdictional High Court’s decision [2021 (12) TMI 1182 - BOMBAY HIGH COURT] that the same indeed carries precedence over the income tax dues as per hon’ble Apex Court decision in Ghanshyam Mishra’s case [2021 (4) TMI 613 - SUPREME COURT] Faced with the situation, we adopted the hon’ble jurisdictional High Court reasoning mutatis mutandis to allow assessee’s twin appeals. Issues Involved:1. Legality of Section 148 notice issued by the Income Tax Department post-approval of the Resolution Plan under the Insolvency and Bankruptcy Code (IBC).2. Binding nature of the Resolution Plan on statutory claims not included in the plan.3. Applicability of the Supreme Court ruling in Ghanashyam Mishra's case to the present case.4. Maintainability of the Writ Petitions challenging the Section 148 notices.Detailed Analysis:Issue 1: Legality of Section 148 Notice Issued Post-Approval of the Resolution PlanThe core issue is whether the Income Tax Department can issue a notice under Section 148 of the Income Tax Act, 1961 to a Corporate Debtor after the approval of a Resolution Plan under the Insolvency and Bankruptcy Code (IBC). The Tribunal referenced the jurisdictional High Court's decision in the assessee's own case, which quashed the reopening proceedings initiated under Section 148. It was held that once a Resolution Plan is approved by the National Company Law Tribunal (NCLT), all claims not part of the plan are extinguished, and no new claims can be initiated.Issue 2: Binding Nature of the Resolution Plan on Statutory ClaimsThe Tribunal emphasized that the Resolution Plan, once approved, is binding on all stakeholders, including statutory authorities like the Income Tax Department. This position is supported by the Supreme Court's ruling in Ghanashyam Mishra's case, which clarified that all claims against the Corporate Debtor, including statutory dues, are frozen upon the approval of the Resolution Plan. The Tribunal observed that the Income Tax Department's claim, which was not part of the Resolution Plan, stands extinguished.Issue 3: Applicability of Supreme Court Ruling in Ghanashyam Mishra's CaseThe Tribunal relied heavily on the Supreme Court's decision in Ghanashyam Mishra's case, which held that once a Resolution Plan is approved, it binds all creditors, including statutory authorities, and extinguishes all claims not included in the plan. The Tribunal noted that the legislative intent of the IBC is to provide a clean slate to the Resolution Applicant, ensuring no surprise claims post-approval of the Resolution Plan.Issue 4: Maintainability of the Writ PetitionsThe Tribunal addressed the preliminary objection regarding the maintainability of the writ petitions. It was argued that the proper course of action for the petitioner, once a Section 148 notice is issued, is to file returns and seek reasons for the notice. However, the Tribunal rejected this objection, citing the Supreme Court's ruling that alternate remedies do not bar jurisdiction under Article 226 of the Constitution in cases where the proceedings are wholly without jurisdiction. The Tribunal found the writ petitions maintainable as the impugned notices fell within this category.Conclusion:The Tribunal concluded that the Income Tax Department could not issue notices under Section 148 post-approval of the Resolution Plan, as per the binding precedent set by the Supreme Court in Ghanashyam Mishra's case. The Tribunal allowed the assessee's appeals and dismissed the Revenue's appeals, affirming that the Resolution Plan takes precedence over income tax dues not included in the plan. The Tribunal's decision underscores the overriding effect of the IBC on other statutory claims, ensuring the finality and enforceability of the Resolution Plan.